(a) For the purpose of this section:
(1) “Panhandling” means as follows:
A. Approach, seek or follow a person before, during or after solicitation, if that conduct is intended, or likely to cause a reasonable person to:
1. Fear harm to oneself or another,
2. Fear damage to or loss of property, or
3. Feel intimidated; or
B. Intentionally or recklessly touching or causing physical contact with another person without that person’s consent while in the course of soliciting likely to cause a reasonable person to feel restrained or intimidated; or
C. Continuing to solicit from a person after the person has given a negative response; or
D. Intentionally or recklessly blocking the safe or free passage of a person or vehicle by any means, including unreasonably causing a pedestrian or vehicle to take evasive action to avoid physical contact. For purposes of this section, acts where a lawfully issued permit from the City of Lorain shall not constitute hindrance of pedestrian or vehicle traffic; or
E. Intentionally or recklessly use threatening, obscene language, or gestures toward any person being solicited.
(2) “Automated Teller Machine” means any device that has one or more teller machines linked to a financial institution’s records, that is capable of carrying out transactions, including but not limited to account deposits, cash withdrawals, payments or balance inquiries.
(3) “Automated Teller Machine Facility” means any area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers or any automated teller machine that is enclosed within a building.
(4) “Public property” means all property owned, operated or controlled by any governmental agency, including but not limited to streets, public sidewalks and thoroughfare, tree lawns, parks, playgrounds, publicly owned parking lots, schools, libraries, post offices, municipal transit facilities and other public lands and buildings.
(5) “Solicitor” or “soliciting” means the act of requesting an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purposes or intended use of the solicited donation. The solicitation may be done without limitation by the spoken word, written word or prepared statement, gestures, or by other means of communication.
(b) No person shall solicit:
(1) In an aggressive manner; or
(2) Within fifty feet of an automated teller machine without the consent of the owner or other person legally in possession of the machine. The distance to an automated teller machine shall be measured from the entrance if the machine is located in an automated teller facility; or
(3) Within forty feet of a bus stop or bus shelter, including school bus stops; or
(4) Within fifty feet of a line of pedestrians waiting to obtain access to a building or an event; or
(5) Within fifty feet of an area used by a restaurant for outdoor dining, or a temporary public right of way; or
(6) Within fifty feet of a valet zone, whether it be temporary or permanent; or
(7) Within twenty feet of any pay telephone. If a telephone booth is involved, the distance shall be measured from the entrance of the booth; or
(8) Within twenty feet of the entrance or exit of any public toilet facility, including any permanent or temporarily placed toilet facility; or
(9) On public property within twenty feet of an entrance to a building; or
(10) On public property within twenty feet of an entrance to a parking lot.
(c) Whoever violates this section shall be charged with a misdemeanor of the fourth degree for the first offense, a misdemeanor of the third degree for a second offense and a misdemeanor of the first degree for the third and any subsequent offense. It shall be deemed that a separate offense has occurred if the solicitation is attempted at different locations. It shall be deemed that the solicitation shall be one offense if the solicitation occurs within a one day period.
(Ord. 44-07. Passed 4-2-07.)